South Jersey Capitol riot suspect changes his plea. What's next?
WASHINGTON, D.C. – A Lindenwold man has withdrawn his plea agreement and now is awaiting trial for alleged crimes during the January 2021 Capitol riot.
Michael Oliveras is scheduled to be tried on a seven-count indictment returned on Wednesday, Aug. 15, by a federal grand jury, court records show.
He pleaded not guilty to all charges at an arraignment that same day in Washington, D.C., federal court.
“So we are now set for trial in November,” Oliveras’ attorney, William Shipley, said Thursday.
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He noted the Justice Department did not oppose the plea’s withdrawal, which was allowed by U.S. District Judge Beryl Howell.
Conflicting views on Michael Oliveras
Oliveras, a carpenter, carried an American flag and wore a red Trump hat and hoodie while shouting expletive-filled threats during the Jan. 6, 2021, riot, the Justice Department says.
But Shipley asserted his client was the victim of misinformation from "conspiratorial sources of news."
The Justice Department alleges he was ejected from the Capitol twice and was in the building or on its grounds from shortly before 1 p.m. into the evening.
Oliveras in January admitted guilt under a plea agreement to a single charge: assaulting, resisting or impeding certain officers. In turn, the prosecution agreed to request dismissal of four misdemeanor counts.
The plea withdrawal came after repeated delays in scheduling a sentencing hearing.
A hearing in April did not take place because Shipley, newly hired by Oliveras, needed time to become familiar with the case, records show. Scheduling concerns for both sides derailed planned hearings in June and July.
The prosecution and defense each prepared lengthy sentencing statements in advance of the July hearing date.
Shipley asserted a year and a day in prison would be “fair and just.”
A federal prosecutor sought a 30-month term.
Concern over Capitol riot charge
Oliveras also was concerned over a pending change to the charge against him, Shipley said.
The prosecution added language to say the South Jersey man had admitted guilt to a crime involving "physical contact with the victim and the intent to commit another felony."
Its sentencing memorandum asserted Oliveras had "forcefully pushed into officers."
But Shipley's statement contended evidence "shows no physical contact" between Oliveras and any officers.
The Aug. 15 indictment contains the new wording and two additional charges against Oliveras: civil disorder and obstruction of an official proceeding.
It also repeats the charge of assaulting, impeding or resisting officers, as well as four pending misdemeanor counts.
"We knew the government intended to add charges if it took the case to the grand jury,” said Shipley. “I knew the charges they would add, so that was discussed by us before he decided to withdraw the guilty plea.”
The trial, expected to last one business week or less, is to begin with jury selection on Nov. 13.
Jim Walsh is a senior reporter with the Courier-Post, Burlington County Times and The Daily Journal. Email: jwalsh@cpsj.com..
This article originally appeared on Cherry Hill Courier-Post: Michael Oliveras of Lindenwold faces trial over Capitol riot charges
